By Krieger M.H.
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Example text
The meanings that we associate with racial groups, as well as which people are “in” and “out” of various groupings, is a sociological phenomenon linked to legal decisions, political motivations, economic dynamics, and historical contexts. Lastly, these racial meanings and boundaries themselves are unstable, varying across time and space. The racial boundaries of Whiteness were not the same in 1930 as they are today, and being Black in the United States may not be the same as being Black in parts of South America.
17 The close connection Darwin drew between human evolution and the ability to empirically document its different stages fueled a flame that had already been burning since the early nineteenth century: measuring racial differences. Scientists like Morton and his successors thought that if the races represented human evolution’s stages, measuring these differences would be absolutely crucial in giving these social observations scientific backing. ”18 The ascension of measurement to defining proper scientific thought reified the notion that observing the status quo leads to racial truth concerning groups’ inherent abilities, intensifying the scrutiny given to racial bodies as a predicate for postwar race relations.
My own work in this area has shown that race scholarship within the field (using the Law & Society Review as a proxy) is not nearly as progressive as its scholars might think. 66 This point is well taken. Critical Race Theory can provide an important context from which to think seriously about the relationship law has with race. More importantly, it can help us situate the role of law in structuring race as primarily a visual experience in terms of the rules and precedents that condition how we see race, what we see racially, and what race means.